Quick Links from the Past Year, Part 6 (Defamation & Much More)

Defamation * US Dominion Inc. v. Fox Network News LLC, No.: N21C-03-257 EMD (Del. Superior Ct. Dec. 16, 2021). Dominion’s defamation lawsuit against Fox News for its role in the “Big Lie” about the 2020 presidential election results survives Fox…

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads--1-800 Contacts v. Warby Parker

1-800 Contacts Loses YET ANOTHER Trademark Lawsuit Over Competitive Keyword Ads–1-800 Contacts v. Warby Parker

1-800 Contacts first appeared on this blog on February 9, 2005, my second day of blogging. 17 years later, I’m still blogging their ignoble trademark lawsuits. 🤡 Some “highlights” of 1-800 Contacts’ trademark jurisprudence over the years: 1-800 Contacts v….

Three More Yearbook/People Database Cases Signal Trouble for Defendants

Three More Yearbook/People Database Cases Signal Trouble for Defendants

Yearbook/people database opinions are being issued faster than I can blog them. They are not going well for defendants. The opinions are so lengthy and repetitive that I’m just going to cut-and-paste the parts I think are relatively noteworthy. Sorry…

Poorly Executed "Sign-in-Wrap" Contract Formation Process Fails--Berman v. Freedom Financial

Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails–Berman v. Freedom Financial

The Ninth Circuit recently considered when consumers assent to terms through interacting with a website: Berman v. Freedom Financial Network, LLC. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking…

Database Access After Failed Negotiations Didn’t Violate the CFAA–Carfax v. Accu-Trade

Plaintiff (Carfax) manages information regarding used cars and light trucks. It owns a “QuickVIN” tool that allows users to search vehicle-related information by license plate number, rather than by VIN number. Defendant Accu-trade is a valuation platform and is a…

California Courts Continue to Trim Section 230's Protection for Amazon's Marketplace (and Everyone Else)--Lee v. Amazon

California Courts Continue to Trim Section 230’s Protection for Amazon’s Marketplace (and Everyone Else)–Lee v. Amazon

The California Appeals Courts have turned against Amazon’s marketplace. In 2020, in Bolger v. Amazon, the court held that Amazon may be strictly liable for marketplace sales it fulfills. Then, last year, in Loomis v. Amazon, the court extended Bolger’s…

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement--Sunny Factory v. Chen

Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Chen

Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. Fuxi’s lawyer, Haoyi Chen of Arch & Lake,…

26 Trademark Academics Oppose the SHOP SAFE Act

26 Trademark Academics Oppose the SHOP SAFE Act

[Today, Betsy Rosenblatt, Rebecca Tushnet and I sent the following letter to Congress on behalf of 26 trademark academics (here’s a PDF version). This complements a separate letter sent by 38 organizations and companies also opposing the SHOP SAFE Act….

Airline Sues to Stop Popular Web-Scraping Service--American Airlines v. The Points Guy (Guest Blog Post)

Airline Sues to Stop Popular Web-Scraping Service–American Airlines v. The Points Guy (Guest Blog Post)

by guest blogger Kieran McCarthy Those interested in web scraping legal issues had high hopes that the Supreme Court’s opinion in Van Buren v. United States last summer would provide clear guidelines on which types of online data access were…

Section 230 Protects Google for Including Telegram In Its App Store--Ginsberg v. Google

Section 230 Protects Google for Including Telegram In Its App Store–Ginsberg v. Google

The plaintiffs claim that violent extremists, anti-Semites, haters, and other malefactors use Telegram, and thus its availability in the Google Play Store violates Google’s Developer Guidelines. This is yet another remix of the old Noah v. AOL case, where a…